Timothy Omotoso

South Africa’s Chapter 9 institutions have taken a bold step by announcing a commission of inquiry into the acquittal of Nigerian televangelist Timothy Omotoso on rape and human trafficking charges. The decision, revealed exactly one week after Omotoso walked free from the Eastern Cape High Court in Gqeberha on 2 April 2025, has stirred widespread debate. The Cultural, Religious and Linguistic (CRL) Rights Commission, the Commission for Gender Equality, and the SA Human Rights Commission jointly briefed the media on Wednesday, 9 April 2025, outlining their plan to dig into the systemic failures that led to the controversial ruling. With the justice system under scrutiny, this inquiry aims to uncover what went wrong and propose fixes to ensure justice prevails in future cases.

A Case That Shook the Nation

The acquittal of Timothy Omotoso, a 66-year-old pastor of the Jesus Dominion International (JDI) church, has left South Africans reeling. Arrested dramatically at Port Elizabeth International Airport in April 2017, Omotoso faced 32 charges, including rape, human trafficking, and racketeering. Alongside his co-accused, Lusanda Sulani and Zukiswa Sitho, he was accused of luring young women into his church under promises of spiritual growth, only to exploit them sexually. The trial, which spanned eight years, gripped the nation as one of the first high-profile rape cases to be broadcast live, shining a spotlight on gender-based violence (GBV) and the justice system’s handling of such cases.
On 2 April 2025, Judge Irma Schoeman delivered the bombshell verdict: not guilty on all counts. The judge pinned the blame on the National Prosecuting Authority (NPA), slamming its “poor quality” cross-examination of the accused and failure to prove guilt beyond reasonable doubt. After spending eight years behind bars awaiting trial, Omotoso was acquitted, leaving victims, activists, and the public stunned. Now, the spotlight has shifted to the justice system itself, prompting Chapter 9 institutions to step in.

Why the Inquiry Matters

The CRL Rights Commission, Commission for Gender Equality, and SA Human Rights Commission—collectively known as Chapter 9 institutions under South Africa’s Constitution—exist to protect democracy and human rights. Their decision to launch a joint inquiry signals deep concern over the Omotoso case’s outcome and its broader implications. CRL chairperson Thoko Mkhwanazi-Xaluva didn’t mince words during the media briefing, saying, “For that reason, several institutions and individuals will be called to appear before an inquiry within the next few months to investigate the whole process and come up with recommendations.”
This isn’t just about one case. The inquiry aims to unpack systemic flaws in how South Africa prosecutes GBV and trafficking cases. It comes at a time when the country grapples with staggering rates of violence against women—one woman is murdered every three hours, and over 146 sexual offences are reported daily. The Omotoso ruling has been called “a blow to the fight against GBV” by NPA boss Shamila Batohi, raising fears that victims may lose faith in the justice system altogether.

What Went Wrong in Court?

The court’s decision hinged on the NPA’s mishandling of the case. Judge Schoeman tore into the prosecution, pointing out that the cross-examination of Omotoso and his co-accused was so weak it “was as if it never even took place.” Despite nine days being set aside for this crucial step, Omotoso’s questioning lasted less than a morning. The judge also flagged “irregularities” by the lead prosecutor, accusing him of either incompetence or dishonesty. “It is inconceivable that a prosecutor with 14 years’ experience… does not know what the definition of rape is,” she said.
Witnesses, including Cheryl Zondi, who bravely testified about being raped by Omotoso at age 14, were let down by the prosecution’s failure to counter the defence’s arguments. The defence, led by advocate Peter Daubermann, painted the complainants as unreliable, claiming their stories were inconsistent or motivated by ulterior motives. With the state unable to disprove this, the judge had no choice but to acquit, highlighting a glaring gap in prosecutorial skill and preparation.

Justice Minister Steps In

The fallout from the ruling reached the highest levels of government. Justice and Constitutional Development Minister Mmamoloko Kubayi acted swiftly, demanding a detailed report from the NPA by Monday, 7 April 2025. She expressed deep concern, saying, “This concerns me deeply because many victims of GBV make tremendous efforts, often stepping out of their comfort zones, to testify.” The report, now in her possession, examines the conduct of the prosecutors who botched the case, with early indications pointing to poor coordination, inadequate training, and a lack of oversight.
Kubayi’s move reflects growing pressure on the NPA to account for its failures. While Batohi has defended her institution, insisting Omotoso’s acquittal isn’t “a reflection of the NPA’s competence,” the public and advocacy groups aren’t convinced. The Justice Minister’s report is expected to inform future reforms, but for now, it’s the Chapter 9 inquiry that promises a deeper dive into the mess.

A Wider Scope: Witness Protection Under Fire

The inquiry won’t just focus on the courtroom drama. Thoko Mkhwanazi-Xaluva revealed that South Africa’s witness protection system will also face scrutiny. This comes amid chilling reports of intimidation linked to the Omotoso case. Just days before the acquittal, community activist Pamela Mabini—a key supporter of the witnesses—was gunned down in her driveway in KwaZakhele, Gqeberha, on 28 March 2025. Her murder sent shockwaves through the community, with many linking it to her outspoken role in the trial.
Witnesses in the Omotoso case faced years of delays, threats, and emotional strain. Some dropped out, unwilling to relive their trauma in a process that dragged on for nearly a decade. Mkhwanazi-Xaluva stressed that the inquiry will probe how well the state protects those brave enough to testify, asking hard questions about whether the system is fit for purpose in high-stakes GBV cases.

Voices of Outrage and Hope

The acquittal sparked a firestorm of reaction across South Africa. Gender activists called it “a travesty of justice,” warning that it could silence survivors of abuse. The Commission for Gender Equality’s chairperson, Advocate Nthabiseng Sepanya-Mogale, lamented the ruling as “discouraging to individuals who want to report sexual assault.” Meanwhile, the CRL Rights Commission’s Mkhwanazi-Xaluva pointed to the case’s international significance, saying, “We are looking at this not just as a loss of a case, but a loss of souls.”
Yet amid the anger, there’s a flicker of hope. The Chapter 9 inquiry offers a chance to turn a painful failure into meaningful change. By calling officials, prosecutors, and possibly even Omotoso’s legal team to testify, the institutions aim to piece together a roadmap for reform. The terms of reference—still being finalised—will likely cover prosecution standards, judicial oversight, and victim support, with recommendations expected to influence policy for years to come.

The Bigger Picture: GBV and the Justice System

South Africa’s struggle with GBV isn’t new, but the Omotoso case has thrown it into sharp relief. The country has some of the world’s highest rates of sexual violence, yet conviction rates remain dismally low. The National Strategic Plan on Gender-Based Violence, launched in 2020, calls for a stronger justice system to tackle impunity, but cases like this show how far there is to go. The inquiry could be a turning point, forcing accountability and pushing for better training, resources, and coordination within the NPA.
Beyond the courts, the case has reignited debates about unregulated religious institutions. Omotoso’s JDI, with branches in Durban, Nigeria, and Israel, allegedly used faith as a cover for exploitation. This has led to calls for tighter oversight of foreign-led churches, though some warn against overreach into religious freedom. The inquiry may weigh in on this delicate balance, adding another layer to its work.

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